NAD Reviews Advertising For Good Living Lab’s “Good Days Positive Mood” Dietary Supplement
New York, New York – Nov. 16, 2009 – The National Advertising Division of the Council of Better Business Bureaus has recommended Good Living Labs, LCC, discontinue certain print and broadcast advertising claims at issue for the company’s “Good Days Positive Mood” formula dietary supplement.
NAD, the advertising industry’s self-regulatory forum, examined advertising for the Good Day product as a part of NAD’s ongoing monitoring, and in conjunction with an initiative with the Council for Responsible Nutrition (“CRN”) designed to expand review of advertising claims for dietary supplements.
NAD requested substantiation for print, Internet and radio claims that included:
- “… to calm and refresh your mind and body, and to help you feel energized and strong – both physically and emotionally”
- “Use Positive Mood Formula Daily for:
- Depressed Mood
- Low Self Esteem
- Disturbed Sleep Patterns (Insomnia or Hypersomnia)
- Disturbed Appetite (Either Loss of Appetite or Binge Eating)
- Fatigue and Loss of Interest and Motivation
- Irritability And Anger
- Anxiety and Panic Attacks”
- “The Positive Mood Formula was developed to help you maintain a calm mind and body, while feeling internally energized and strong. Our special blend of herbs and extracts will help support your inner-strength, increase your confidence, and boost your overall well-being. With regular use, the Positive Mood Formula will keep you invigorated, resilient and emotionally prepared for the challenges of daily life.”
The advertising also included claims for the individual ingredients in Good Days:
- “L-theanine: Helps you be calm and stay in an alert state.”
- “Magnolia Bark Extract: It has been used to treat low energy as well as a variety of maladies often associated with emotional distress or nervous turmoil.”
- “5-http: Can help balance mood, support healthy sleep, and create a more relaxed waking state.”
- “Astralagus: Astralagus is used in traditional Chinese medicine for its immune supporting properties.”
- “Wild Jujube & Cordyceps: Wild jujube has been highly regarded as an effective treatment for relaxation and occasional sleeplessness. Cordyceps is believed to be a credible herbal alternative for strengthening the immune system, reducing the effects of aging, and promoting longevity.”
- “Panax Ginseng: Helps support the body’s ability to cope with physical, mental and emotional stress and fatigue, as well as stress from external toxins.”
- “Rhodiola Rosea: May help strengthen the nervous system and promote a positive mood while also improving exercise tolerance, brain function, and energy levels.”
In response to NAD’s inquiry, the advertiser submitted review articles and studies on each of the individual ingredients in Good Days. Following its review of the evidence, NAD determined that the following claims could be understood by consumer to be product-performance claims:
- “Get Focused and Energized”
- “Sleep better and wake up refreshed”
- “Start smiling again”
- “Feel more relaxed and calm,
- “Have a positive mood”
- “Use Positive Mood Formula Daily for: Depressed Mood, Low Self Esteem, Disturbed Sleep Patterns (Insomnia or Hypersomnia), Disturbed Appetite (Either Loss of Appetite or Binge Eating), Fatigue and Loss of Interest and Motivation, Irritability And Anger, Anxiety and Panic Attacks.” could be reasonably understood by consumers to be product performance claims.
Given the absence of any product testing, NAD determined that the performance claims are not supported and recommended that they be discontinued.
Following its review of the company’s Website, NAD found that consumers reading the Website could takeaway a message that the Good Days Positive Mood Formula product, rather than the product’s ingredients, provides the claimed benefits.
Further, NAD noted, the statement directing consumers to “Use Positive Mood Formula Daily…” for the listed symptoms/conditions, reasonably conveys the message that the product has been proven to provide these benefits. NAD recommended the advertiser discontinue the claims at issue.
NAD further found that the limited human research evidence submitted in support of the benefits for two of the ingredients in Good Days Positive Mood Formula, 5-htp and zizyphus jujube, did not provide a reasonable basis for the claims relating to those ingredients, and recommended the claims be discontinued.
Finally, NAD determined that the animal studies submitted were insufficient to support claims for the other ingredients in Good Days Positive Mood Formula, and recommended those claims be discontinued, as well.
The company, in its advertiser’s statement, said it appreciated the NAD’s careful consideration of the issues raised in this matter and accepts the NAD’s decision.